Miss Lucy
← All judgments

In the matter of KONARK AQUATICS AND EXPORTS PRIVATE LIMITED

National Company Law Tribunal18 August 2026

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may admit an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 where the appellate tribunal has, in the same proceedings, recorded findings that a financial debt is due and that default has occurred, and the Supreme Court has dismissed the corporate debtor's appeal against that appellate order; on that footing the application is complete and the existence of financial debt and default is established. Where the application under Section 7 is complete and financial debt and default are established, the Adjudicating Authority admits the application and declares a moratorium under Section 14 of the Code from the date of the admission order, with the corporate insolvency resolution process commencing on that date.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW TRIBUNAL CUTTACI( BENCH COURT No. 1 VC AND PHYSICAL (HYBRID) MODE ITEM No. 102 cP (IB) No' 37lcBl2o22 CoRAM: 1. SH. CHEEKATI RADHA KRISHNA, HON'BLE MEMBER (JUDICIAL) 2, SH. BANWARI LAL MEENA, HON'BLE MEMBER (TECHNICAL) Date of Order: 18th Augustr2026 PROCEEDINGS UNDER SECTION T IBC IN THE MATTER OF: LTD. PANCHAM STUDIOS PVT. ....Applicant -VS. LTD. KONARK AQUATICS & EXPORTS PVT. ...Respondent PRESENT: Applicants For the : Mr. Saswat Kumar Acharya, Adv. Mr. Krutibash Mohapatra, Adv. Mr. Abhisek Dash, Adv. Respondents For the I Mr. L D Sahoo, Adv. Mr. Satvik Issar Adv. ORDER This is an application filed under Section 7 IBC by Pancham Studios Pvt. Ltd. Konark Aquatics & Exports Pvt. Ltd. Qua Ld. Counsel Mr. Krutibash Mohapatra appeared for the Applicant. Ld. Counsel Mr. L. D. Sahoo along with Mr. Satvik Issar Adv. appeared through VC for the CD. The counsel for the Applicant has placed before the Bench the order dated 24.07 .2026 passed by the Hon'ble Apex Court in Civil Appeal No. 1 299 1 12025. The Hon'ble Supreme Court has dismissed the appeal filed by the CD against order dated 15.07 .2025 passed by Hon'ble NCLAT, New Delhi.

The relevant findings of the Hon'ble Apex Court is reproduced below: "1. Having heard the learned counsel appearingfor the appellant and having gone through the materials on record, we find no good ground to 3a'-- 9a interfere with the impugned Order pas,sed by the. IVational Companv Latu Appellate Tribunal, Delhi in Company Appeal(AT )(Ins.) IVo.406/2024." It is seen that Flon'ble NCLAT at paru 25 ancL 2(> of its order dated 15.07.2025 in CA(AT) (Ins) No. 406/2024has given clear findings as regards to the existence of debt and default. The relevant paras are as follows: "25. The Appellant has already proved on yecoyd about the atnount which was disbursed as it has not been disputed and that the said amormt is a debt Jully re/lected in its balance sheet continuously as o.n unsecurecl loan and had not been pai.d despite the fact that repeated demands were made through .five demand notices, therefore, it falts within the definition o.f default on the part of the Respondent. 26. Hence, once the debt and default has been proved, there.fore, the Tribunal has committed a patent error in dismissing the application filed under Section 7 of the Code and consequently, the present appeal is hereby allowed and the impugned order is set aside though without any order as to costs.

" Taking into consideration the findings of the Flon'ble NCLAT and the decision of the Hon'ble Apex Court dismissing the appeal against the order of the Hon'ble NCI-AT" The application deserves to be admitted" In view of the aforesaid observations and findings recorded hereinabove, this Adjudicating Authority is satisfied that the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 is complete in all respects and that a financial debt exists and default has occurred. Accordingly, the application deserves to be adrnitted" Hence, the following orders are passed: l. The applioation bearing C.P. (IB) No. 37lCB/2022 filed under Section 7 of the Insolvency and Bankruptcy Code. 2016 read with Rule 4(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 by Parucuanr Sruoros pRrvarr Lrvrrrro against KoNaRr Aquarrcs & Exponrs PRrvars Lrilrrrnn, the corporate Debtor, is hereby ADMITTED. ' ,gd---sd

2, A moratorium is declared under Section 14 of the Insolvency and Bankruptcy Code, 2016, prohibiting the following actions in terms of Section 14(1) of the Code: A. The institution of suits or continuation of pending suits or proceedings against the Corporate Debtor, including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; B. Transferring, encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; C. Any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property, including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest AcL,2002; D. The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. 3. The moratorium shall remain in force from the date of this order till the completion of the Corporate Insolvency Resolution Process or until this Adjudicating Authority approves a resolution plan under Section 31(1) of the Code or passes an order for liquidation of the Corporate Debtor under Section 33 of the Code, whichever is earlier. 4. The Financial Creditor has earlier proposed an Insolvency Professional as lRP, however as on date the FA of the IP stands expired and hence the FC vide a separate Memo dated 18.08.2026 has filed the consent and AFA of another IP and proposed him as IRP. Accordingly, as proposed by the Financial Creditor, MR" SARADINDU JENA, having Registration No. IBBI/IPA-002fiP- f{00520/2017-2018 111622 and Email ID: ip.jena2017 @gmail.com, residing at o.u-510, srH FLOOR, ESPLANIADE ONE RASULGARH, 3a -rZ Sa

BHUBANESWAR-7S1010, is hereby appointed as Interim Resolution Professional (IRP) of the Corporate Debtor to carry out the functions as per the Code, subject to his possessing a valid Authorisation for Assignment (AFA) in terms of Regulation A of the Insolvency and Bankruptcy Board of India 7 (Insolvency Professional) Regulations, 20 6. 1 5. The Interim Resolution Professional shall be appointed separately in accordance with the provisions ofthe Insolvency and Bankruptcy Code, 2016 and the rules and regulations made thereunder, subject to confirmation of possession of a valid Authorisation for Assignment in terms of Regulation 7A of the of Insolvency and Bankruptcy Board India (Insolvency Professionals) Regulations, 2016. 6. The Interim Resolution Professional so appointed shall make a public announcement of the initiation of the Corporate Insolvency Resolution Process and call for submission of claims in terms of Section 15 read with Section 13(lXb) of the Code. 7. The supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated, suspended or intemrpted during the moratorium period.

The Corporate Debtor shall extend full assistance and cooperation to the Interim Resolution Professional in discharge of his duties as and when he takes charge of the assets and management of the corporate debtor. 8. The IRP shall perform all its functions as contemplated, inter alia, by Sections 17, 18,20 & 2I of the Code. It is further made clear that all personnel connected with Corporate Debtor, its Promoter or any other person associated with the management of the Corporate Debtor are under a legal obligation under Section 19 of the Code to extend every assistance and co-operation to the Interim Resolution Professional. Where any personnel of the Corporate Debtor, its Promoter, or any other person is required to assist or co-operate with IRP, but does not assist or co-operate, the IRP is at liberty to make an appropriate S"\ 4 - 3,1 application to this Adjudicating Authority with a prayer for passing an appropriate order. 9, The IRP shall be under a duty to protect and preserve the value of the property of the Corporate Debtor and manage the operations of the Corporate Debtor as a going concern as a part of the obligation imposed by Section 20 of the Insolvency & Bankruptcy Code,20l6.

10. The Interim Resolution Professional / Resolution Professional shall submit periodic progress reports before this Adjudicating Authority in accordance with the provisions of the Code and the regulations framed thereunder. 11. The Financial Creditor shall deposit an initial amount of Rs. 51001000/- (Rupees Five Lakhs Only) within two days from the date of receipt of this order towards the expenses of the Corporate Insolvency Resolution Process. Proof of such deposit shall be filed before this Adjudicating Authority along with the first progress report. The Interim Resolution Professional shall be at liberty to seek further interim finance, as required, in accordance with law. 12. In terms of Section 7(7)(a) of the Code, the Registry is directed to communi cate acopy of this order to the Financial Creditor, the Corporate Debtor, the Interim Resolution Professional and the concerned Registrar of Companies within seven working days and upload the same on the website of this Tribunal immediately after pronouncement. 13. The Interim Resolution Professional shall also serve a copy of this order upon statutory authorities including the Income Tax Department, GST authorities, State Commercial Tax Department, Provident Fund authorities and such other authorities as may have claims against the Corporate Debtor, as well as employees or workmen associations, if any.

14. The Corporate Insolvency Resolution Process shall commence from the date of this order. 15. The Resolution Professional shall submit reports and compliances before this Adjudicating Authority strictly in accordance with the timelines prescribed ga,--2 -)t -)d under the Insolvenay and Bankruptcy Code, 2016 and the regulations made thereunder. 16. The application bearing C.P. (IB) No. 37lC812022 stands ALLOWED.

ea ), eaNmRI LAr-rrEENA CHEEKATI RADHA KRISHNA MEMBER (TECHNICAL) MEMBER (JUDICIAL)

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free